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Maui v Attorney General, HCSI-CC 645 of 2015 (2 November 2022)
employment – wrongful dismissal – whether dismissal of employee in breach of employment agreement – whether right to fair hearing a term of employment agreement – whether employer in breach of right to fair hearing – whether employee entitled to damages – where employee a public servant – where Public Service Regulations 1998 an integral…
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Tatalani Builders Ltd v Bobby, SICOA-CAC 38 of 2019 (Appeal from HCSI-CC 9 of 2014) (12 August 2022)
effect of default judgment – default judgment means the case is at an end and the issue of liability is res judicata – once default judgment entered the cause of action is at an end and the parties are prevented from re-agitating matter before the court unless it was an application to set aside the…
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Attorney General v Speaker of Western Province Assembly, SICOA-CAC 33 of 2021 (Appeal from HCSI-CC 614 of 2021) (12 August 2022)
interlocutory order – where interlocutory order had effect of a final order – where interlocutory order had finally determined the rights of parties without hearing the substantive claim for judicial review contrary to rule 7.1 of Solomon Islands Courts (Civil Procedure) Rules 2007 judicial review – supervisory jurisdiction of the Court – power to review…
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Philip v Mola, SICOA-CAC 32 of 2019 (Appeal from HCSI-CC 439 of 2013) (12 August 2022)
res judicata – issue estoppel – validity of agreement concerning sale of ship – where High Court had made determination on validity of agreement which rendered issues over the validity of the agreement res judicata – where High Court decision had not been appealed and was therefore binding on parties to appeal
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Lefoto’o v Simi, HCSI-CC 329 of 2022 (22 August 2022)
election – nomination – whether returning officer wrong to refuse nomination of candidate to contest election – where returning officer refused nomination because candidate was not a registered voter – where candidate admitted his name was not on the register of electors – where court granted ex parte orders for returning officer to accept nomination…
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Sevona Development Company Ltd v Boe, HCSI-CC 392 of 2021 (22 August 2022)
costs – costs of adjournment – where hearing of application for summary judgment adjourned – where application not served on defendant – where there is pending case before local court
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Gua v Bae, HCSI-CC 583 of 2015 (2 September 2022)
summary judgment – application for summary judgment – where triable issues raised in pleadings – where there is a real dispute over ownership of land
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HHD Development Limited v Maefei, HCSI-CC 226 of 2019 (2 September 2022)
default judgment – application to set aside default judgment – whether there was valid service of claim – where claim served on defendant’s spouse – where no response form was attached to claim – whether there is a meritorious defence – where draft defence discloses meritorious defence – whether reasonable reason for delay – where…
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Raiha v Solomon Breweries Ltd, HCSI-CC 19 of 2019 (2 September 2022)
unless order – enforcement of unless order – whether there was reasonable cause for delay in complying with unless order – where Honiara was affected by riots – where Solomon Islands was affected by Covid-19 community transmission